United States District Court, Southern District of New York
January 13, 2003
MARTE ANTONIO, PLAINTIFF,
CAPTAIN CORAL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge
This is a pro se lawsuit pursuant to 42 U.S.C. § 1983 by a state prisoner who seeks relief for injuries allegedly inflicted by an excessive use of force by correction officers.
The Prison Litigation Reform Act prohibits the commencement of an action with respect to prison conditions prior to the exhaustion of administrative remedies. 42 U.S.C. § 1997e(a). The complaint states that plaintiff filed a formal grievance with prison officials and now is "awaiting response to appeal the determination on the facts provided to the grievance office." It thus reveals on its face that administrative remedies have not been exhausted.
Accordingly, the action is dismissed without prejudice to refiling after the exhaustion of all administrative remedies, including appeals.
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